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    • Hi. I posted on the facebook group about Hermes queries re: a parcel that Hermes said delivered but i didnt receive. It was a private sale of a mobile phone from a seller in Wales to me in Edinburgh.   The seller has stopped contact with me now so I cant get any help from them. Hermes are saying it was delivered but it wasn't.   I have got all copies of emails to and from the seller and to and from Hermes. A photo of the actual parcel that the seller sent me prior to posting.   There also seems to be a some confusion on the Hermes tracking info about which day it was actually delivered but either way I was in my house both prior and after the delivery.   There was no photo but it stated the driver got a signature. Not true cos it was a covid thing not to get signatures. No calling card to say it was left somewhere else or in a safe place. It just simply wasn't delivered.   I've been told to ask for GPS info in order to trace the delivery or driver. I cant even talk to a human or get a valid address to write to.   I sent an email to the CEO guy and still no reply. I've not reported anything to the police but I'm getting all sorts of contrasting advice to do this and not do that etc that im totally lost now.   If you read this David, please get back to me please. Much appreciated.   This happened in June/july so hope im not too late to still do something about it. It's just took this long to only get to this stage. 
    • PAC code   https://tinyurl.com/yxhxcsxf   ...
    • Noted! Hopefully there won't have to be another time though!     I did respond to the email, I just basically said that he cannot deduct any costs incurred for collecting / picking up the vehicle and if it heads down the route of ADR which is a total new concept of me having any evolvement with, that he would have to pay a refund/the cost of the car and the cost associated with the collection of the vehicle.    Apon further checking the legislation because he gave me no cancellation rights prior to the contract starting he is indeed guilty of an offence, which is the likelihood of what trading standards are dealing with in regards to his local TS contacting him.     
    • hi,     Just asking for some experience or knowledge.     I purchased a puppy on the 30th of august. On numerous occasions I was in contact with breeder and asked if the puppy showed signs of entropion.    I was told no.   On the 26th of August puppy had first jabs. And apparently their vets said none of the litter showed sign of entropion.    On collection of puppy I noticed he was covered in green mucus. The pen had dog muck spread in there so assumed it was just from pups playing and maybe getting it in each others eyes (poor hygeine on breeders part)   Anyways,   Asked breeder to wipe pup and we left       With in 3 hours we realised that the puppy wasn't well. He physically couldn't open his eyes and when we attempted to clean them his eyeballs weren't visible.    We phoned an out of hour vets and contacted the breeders immediately.     The pup was taken to the vets and we were informed he had a severe eye infection which was a result to entropion.    The vet bill came to around 900 after tacking and meds etc. I asked the breeder to cover the costs. They said no because their vets said their was no issues.     The state on this puppy my vets think he's suffered from birth.     And most certainly not 5 minutes before I turned up.      I've filed a small claims for the cost of the vets and the cost of the puppy.      Where do you think ill stand?    What type of evidence will the judge want to see. Thanks
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nicetap.com returns policy - Is it legal


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Hi, I was wondering if I could get some advice.

 

I order a monobloc tap from nicetap for a replacement kitchen I was having put in. When my kitchen fit was complete the sink was the last thing to go in and I found that the tap leaked internally from the selector valve when switch on.

 

I tried to call nicetap but they never answered the phone, after a couple of days of trying I sent an email to describe my issue. I received a reply saying that since the '7day refund' period had elapsed I could not get a refund only a repair. I told them that I'd been trying to contact them by phone within the period but they never answered, they said that it did not matter as the email was the first confirmed contact.

 

I did not want a repair as I had to buy a replacement tap in the meantime and it would be useless, also I was motivated by the fact that the quality of the item was poor (wobbly and cheap metal) and I didn't want another. In the end the only thing they would do is swap it for another item. I thought that I could at least get something back by selling it on

 

I sent the tap back to their shop address on the High St in Keighley, Bradford. but it came back to me with an 'unknown address' sticker. I figured this to be a fake address to make the trader look more trustworthy. I contacted them again and was told that I had to send the item to their ‘warehouse’ (they could have told me that the first time!) and they gave me another address which looked residential to me.

This time they received the item but sent an email with pictures attached that stated that the item was not in pristine condition and they would not accept it, even though it looked fine to me when I sent it. I figured that I was wasting my time with them and told them to just get it repaired for me. At which point they pointed to their T&Cs where it states that I am liable for the £20 cost to send it back to the factory.

That does not sound right to me as I thought I had fulfilled my side of things. Is it legal for them to treat me like this and ask for more money?

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Was this a distance contract, online?

 

As a rule of thumb, the consumer protection legislation gives a good deal more of a protection than would be expected as a matter of common sense, not less.

 

Trading Standards should be chasing this up. Don't just ask for advice; they will then redirect you to Consumer Direct; insist that they investigate.

 

:cool:

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Thanks for you quick reply.

 

Yes, it was an online sale. I was asking for advice to see if anyone thought that they were doing something against the law before I decided whether or not to take it further. If anyone can confirm that then I will be better prepared. Thanks.

 

Per Bradford News

 

Per Keighley News

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Sounds like they are mixing up DSRs and SOGA. If you'd simply changed your mind then you have 7 days to notify the supplier you wish to return the goods under DSRs. This tap is faulty which means you will be returning it under the Sale of Goods Act. No such 7 day restriction exists in these circumstances.

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I notice that their terms and conditions are not legitimate.

 

The Distance Selling Regulations are perfectly specific to the effect that

 

Except as otherwise provided by these Regulations, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made.
The supplier owns no right to unilaterally determine that a reasonable care has been taken of a product.

 

That falls foul of the The Unfair Terms in Consumer Contracts Regulations 1999 which forbid the

 

© making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;
A consumer's right to cancel a distance contract is absolutely unconditional, except for conditions prescribed by the Regulations (not the supplier) nor in any case is the consumer "under any duty to deliver the goods except at his own premises and in pursuance of a request in writing".

 

A supplier may object to the condition of goods thus retrieved but would then have to claim against the consumer and prove the claim.

 

It is also the duty of the supplier to inform the consumer that the right to cancel exists, which their terms fall short of achieving. Crucially, the right to cancel exists because of the Regulations, not the supplier's terms. If a supplier argues about it, inform that your cancellation is because of the Regulations, not an invocation of the supplier's terms which do not apply. It is an offence for a seller to present his terms as if to offer something special that was not already available as a legal right.

 

The cancellation period therefore extends to three months beginning with the day that the consumer receives the correct information from the supplier.

 

You could alternatively pursue a complaint on the basis that the goods did not conform to contract, but the DSRs provide the easy option of eliminating the contractual dispute.

 

:cool:

Edited by perplexity
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  • 2 weeks later...

Thank you all for your kind and useful advice, I have filed a complaint against nicetap with Trading Standards. I would advise anyone who is thinking of buying from not-so-nicetat to not to do so unless they want to risk a similar experience.

 

For info I noticed that they had negative reviews on judgespot but their reviews have now been suspended as nicetat had been stuffing the reviews with their own fake 5 star reviews to push up their rating - very trustworthy. You may still be able to read fragments in a Google search if you hit the cache button.

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I love the use of language on the Returns Policy

 

We will check every single item and make sure they are in perfect condition (no scratch, no dent, no bend and no broken) then we packed them with carton, polystyrene or bubble wrap before the dispatch. The couriers we are using are well trained professional, so there is impossible for the items damaged during the transit. You should reasonable for the damage of the items once you signed.

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12. Nothing in these terms and conditions is to be taken to exclude or restrict rights granted to you by law in respect of goods supplied. Some goods may be the subject of additional warranties or guarantees given by the their manufacturers direct to you.

 

Under the regulations, any faults that are found in the first six months are assumed to have been there at the time of purchase and during those six months, it is up to the seller to prove that there was no fault and not the buyer to prove there was.

 

I would send them a recorded/registered letter 'telling' them that under the Sale of Goods Act 1979(as amended) and the Sale and Supply of Good and Serviced and stating what I said above.

 

Tell them they have 7 days in which to respond favourably or you will seek legal advice.

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  • 1 month later...
Under the regulations, any faults that are found in the first six months are assumed to have been there at the time of purchase and during those six months, it is up to the seller to prove that there was no fault and not the buyer to prove there was.

 

I would send them a recorded/registered letter 'telling' them that under the Sale of Goods Act 1979(as amended) and the Sale and Supply of Good and Serviced and stating what I said above.

 

Tell them they have 7 days in which to respond favourably or you will seek legal advice.

 

Cheers for the advice, I did exactly what you said but they responded with 'If you want to take legal advice then its up to you'. No dialogue, No compromise, No nothing.

 

They have currently got my tap and my money and don't seem to give a hoot. You can tell that they bank on people not going to the trouble or expense of taking it further.

 

At the very worst it could be called theft and at the very least its a bad 'company' with a money grabbing attitude and appalling customer service. Come to think of it, I wonder even if they are a real business and whether they are paying taxes as they lied about their location and they are obviously operating out of their own back bedroom.

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  • 1 month later...

Has anyone found any information about this company as yet??

 

I have a very similar situation.

 

I bought a tap from nicetap, it arrived and within days had flooded my brand new kitchen. After providing countless images, it was agreed to replace the tap..

 

I was referred to the companies terms and conditions for return and followed these to the letter. postage alone was nearly £25.00.

 

The address given to me by the company was Seedhill terrace (looking at street view - it is not exactly on a trading estate).

 

the parcel was attempted for delivery and subsequently never collected. The company advised that the location was closed for refit and it was my responsibility to redirect the parcel or resend.

 

I am not shelling out another 25.00 for postage and it is up to the receiver to renegotiate delivery addresses. I also dont understand how a refit of a depot can affect returns - that is not good business logic.

 

Luckily for me, I am married to a lawyer and we have very strong ties with Trading Standards.

 

I have opened a case with trading standards and cant wait for them to call my bluff on legal action..:boxing:

 

I will update as information comes available.

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